Does a Restraining Order Go on Your Record?
The question of whether a restraining order shows up on your record is complex and depends heavily on several factors, including:
- The type of record: Are you referring to criminal records, background checks, or something else?
- The jurisdiction: Laws vary significantly by state and even county.
- The nature of the restraining order: Was it a civil restraining order or a criminal protection order?
Let's break down these crucial aspects to provide a clear answer.
What Kind of Record Are You Checking?
The term "record" is vague. Different types of background checks reveal different information.
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Criminal Record: A restraining order itself is not typically a criminal conviction. Therefore, it won't appear on a standard criminal record check in most jurisdictions. However, the underlying events that led to the restraining order could be on your record if they involved criminal charges (e.g., assault, harassment). These charges and their outcomes (conviction, acquittal, etc.) would be listed.
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Background Checks: These are broader than criminal record checks. Depending on the type of background check and the employer or organization conducting it, a restraining order might be included, especially if the check is specifically searching for civil court records. Many background checks don't delve into civil court records unless specifically requested.
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Civil Court Records: A restraining order will absolutely be part of your civil court record. These records are publicly accessible in many jurisdictions, meaning anyone can potentially find them with a court search.
How Do State Laws Vary?
State laws differ considerably regarding the reporting and accessibility of restraining orders. Some states might include information about restraining orders in background checks more readily than others. Therefore, it's impossible to give a blanket yes or no answer without knowing the specific state involved.
Civil Restraining Order vs. Criminal Protection Order
The distinction between a civil restraining order and a criminal protection order is vital.
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Civil Restraining Order: This is issued through civil court and typically involves allegations of harassment, stalking, or other non-criminal behavior. It's primarily designed to protect an individual from harm. As noted above, it generally won't appear on a criminal record but might appear on background checks depending on the specific check and jurisdiction.
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Criminal Protection Order: This is issued as part of a criminal case, often following a conviction for a violent crime or domestic violence. It's a more serious order with potentially stricter consequences for violation. While not a criminal conviction in itself, its existence could certainly impact background checks and might be viewed negatively by potential employers or other organizations.
What Happens if You Violate a Restraining Order?
Violating a restraining order is a serious offense and will result in criminal charges and a criminal record. This is true regardless of whether the initial order was civil or criminal.
In Summary:
A restraining order itself usually doesn't appear on a criminal record. However, it may be included in broader background checks depending on the type of check and the jurisdiction. The underlying events leading to the order, and any subsequent violations, could result in a criminal record. The best way to know for sure is to consult legal counsel in your specific jurisdiction.
This information is for educational purposes only and does not constitute legal advice. Always seek the advice of a qualified legal professional for any legal questions or concerns.
